Motions 1998 volume 33 number 7

EDITOR-IN-CHIEF

Curtis Crews

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Curtis Crews

ADMINISTRATIVE REVIEW

Carrie Wilson

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from th ·e editor...

People tend to think about crime only when it touches them personally. This has been quite a month for me. It started when somebody stole the stereo from the Motions office sometime during Spring Break. We told ourselves that somebody had just borrowed it for a little while and that they will probably bring it back soon. We are still waiting.

A couple days later I found a big new dent on the fender of my freshly painted VW Beetle (a.k.a. Blue Thunder-the fastest car in school) after it had been parked in front of the LRC. Big Surprise : The denting party didn't leave a note taking responsibility.

Last Tuesday I was studying in the library, like a good law student should, when I had to leave the carrel for just a couple minutes. When I returned I discovered that my backback had been molested and my wallet was missing!

I went downstairs to the circulation desk to report the crime but I didn't even have to call Public

Safety. An officer was already there taking a report from another student whose lap-top computer had just been stolen!

Needless to say, all of this has brought the crime situation at lJSD to the' center of my attention. Is it outsiders who are committing these crimes? Couldn't we be doing a better job of catching them and keeping them off our campus? Can we close the LRC off to outsiders? Couldn't we have more surveillance cameras on our side of campus? What steps is Public Safety taking to protect us from crime?

On a lighter note, we have a new staff and Editorial Boa rd at Motions. We hope that we can put out a produc t that meets your expectations. Please bear with us as we try to figure out what's going on and don 't hesitate to tell us how we are doing Good luck on your finals Congratulations to gradu-

April ·Contents

New Law School Dean Selected

Daniel B. Rodriguez has been chosen Dean of the University of San Diego School of Law effective July 1, 1998

Rodriguez , 35, is a professor of law at Boalt Hall School of Law, University of California, Berkeley. He served as acting professor of law at Boalt from 1988 until 1994, when he was promoted to full professor with tenure. He has taught Administrative Law, State and Local Government Law, Constitutional Law and Legislation.

Rodriguez has been a Visiting Professor at the McGeorge School of LawGovernment Affairs Program (1995), a Visiting Scholar at the Hoover Institution, Stanford University (1993), a John M. Olin Fellow in Law a:nd Economics at.the University of Virginia School of

Daniel B. Rodriguez Law (1993) and a Visiting Professor, Free University of Amsterdam, The Netherlands (1991 & 1992) :

"Dean Rodriguez is a · distinguished scholar and educator who will provide outstanding leadership to the Sct)ool of Law," said Dr. Frank Lazarus, USO Vice President and Provost. "He

has outlined an exciting agenda for excellence, and he will support wholeheartedly the efforts of the Bar to enhance the status of the legal profession in Southern California."

"I am absolutely delig hted to be joining a law school with a fine reputation at a university with high standards and values" said Rodriguez, "The USO Schoo l of Law is highly regarded throughout the country, and I am convinced that the best is yet to come."

Rodriguez earned his J.D. cum laude in 1987 at Harvard Law School, where he was Supreme Court Editor of the Harvard Law Review. He served as judicial law clerk for The Honorable Alex Kozinski , U.S. Court of Appeals,· Ninth Circuit (1987-88).

He also is an alumnus of California State University,

Long Beach, where he earned the highest honors as outstanding graduate in the School of Social and Behavioral Sciences in 1984.

Rodriguez, a member of the American Law Institute, was honored by the Western Political Science Association in 1990 with its Pi Sigma Alpha Award. He has appeared as a television and radio commentator on various legal topics o'n such programs as PBS 's "The MacNeil-Lehrer News Hour."

He has made important contributions to work in the field of public choice theory and the positive political analysis of legal institutions. His research has been presented to top U.S. law schools and universities, including Harvard, Yale, Stanford and Georgetown, and abroad at universities in Japan, the Netherlands, Germany and Australia ;

Monica Bahr Gutierrez

Vicki Cascio Marita Lauinger

Wayne Chancellor Sandy Marciari

Kevin Gordon Ben Moore

Jon Grissom Rudy Perrino

Meet Next Year's President

By Xan Bernay

The new SBA president is not your average law student, and that may make all the difference.

At 30, Bill Ota is older than most of his classmates. He's also married and has a daughter who is getting ready to celebrate her second birthday.

"It really keeps things in perspective," Ota said of family life.

In addition, Ota, unlike many law students, isn't necessarily going to practice law after he graduates next year. Ota said his interest is in management and while he may practice for a few years, doesn't see himself doing it ten years down the road.

But right now Ota is planning to devote himself completely to his new job as president. "I'm thrilled about doing it," he said. In fact, Ota took a full load this semester and last to make sure he could devote the time necessary to run the SBA. Additionally, Ota will have a modified role 11ext year on Moot Court and won't be as involved as others on the board.

Ota won the presidency after a runoff election against Ray Estolano. Ota said he thought Estolano's g_oal of having an on-campus job fair was a "fantastic idea" and plans on looking into the possibility of having such a fair on campus. Ota said one thing he would like to see during next fall's recruitment is corporations and other non-firms who may hire attorneys conducting interviews on campus

"Right now they are struggling to get firms," he said. Having non-traditional employers represented may provide students with opportunities for employment

President-Elect Bill Ota beyond government work and private law firms, Ota said.

In addition to increased job opportunities for students, Ota said he and newly elected Vice-President Cindy Stoneberg have already been planning some of the events they hope to put on next year. One idea they have been considering is an · event to welcome the new 1Ls next fall. Ota said the overwhelming nature of first year could be lessened somewhat if new students could meet with upper-class students in more a relaxed setting.

"We'd like to get them together with 2Ls and 3Ls in an environment that is a little more friendly," he said.

Ota said part of the event would focus on making sure first year students have a game plan early so they will know

Election Results

SBA 2L Day ReRS 3L Eve. ReR - 1st Alternate President ./Wendy ./Luci ./Catherine

./Bill Ota . Greenberg Montgomery Godfrey

./Cari Phillips

Vice President ./Robyn 4L ReR 2nd Alternate ./Cindy Stat man ./Chris Brown ./Kathleen

Stoneberg Moss

2L Eve. ReR ABA ReR Evening VP. ./Kim Harris ./Brittany Honor Court

./J.B. Oates Pre. Exam

Scranton 3L Day ReRS ./Marcus

./Debra Back Honor Court Cohen Treasurer ./Diane Justices

./Cheryl MCCiosky

Yarbrough ./Krissy SchulerSecretary Hintz Jlili Mostofi

-

what classes to take and how to plan a

./Robert Honor Court Mueller Prosecutor

./Margaret Gabor

./Mai Petersen

./Tom Slattery

schedule to meet their goals.

Ota said he and Stoneberg have also talked about having an event next year to send off the graduating class.

"Right now there is nothing to say good-bye to the out-going third years," he said.

Another issue Ota said he would like to look into is changing the way externship units are dealt with. Ota acknowledged that changing the system not be possible, but he said forcing students to pay per credit to work for free for a judge or at a firm just doesn't seem right. ·

Ota said his job will be easier next year thanks ·in part to the strides made by outgoing President Matt Denham and the rest of the board.

"Matt did a fantastic job and I would . like to take things even further next year," Ota said.

"We'd like to get 1Ls together with 2Ls and 3Ls in an environment that is a little more friendly."

JJSD Law students voted in record numbers in this year's SBA elections. About 500 votes cast in the elections and about 300 votes were cast in the run-off.

Theft in the LRC: A Continuing Problem

By Ben Goodman

Another laptop was sto len from the Learning Resource Center two weeks ago, bringing the total up to two this year. lhe question is what is being done about it.

The Director of Public Safety on campus is Rana Sampson Sampson is a graduate of the School of Law at Harvard University and was a

laptops were taken and they were all left for less than five minutes, Sampson said. One of the computers was stolen from a professors office. It was returned anonymously at a later date.

Mike O'Deane, Operations -Manager for the Department of Safety, said education is the most important weapon in thwarting these criminals. According to · O'Deane, the Department of Public Safety distributed posters after the 1997 thefts and there was an immediate cessation of thievery The Department of Public Safety does periodic walk-throughs of the library in order to keep theirpresence visible to any potential thieves, O'Deane said.

Sean Fitting, circulation assistant, at the LRC says that the best defense is never to leave your cc>mputers or wallets and purses alone in the LRC. The library also recommends buying a cable loq_k for laptops and connecting the computer to a chair or book bag. That will stop any potential thieves from just taking a computer and walking quickly away.

Chief Justice of Wisconsin .Supreme Court Speaks at Nathanson Lecture

-

By Harry Kassakhian

The Grace Courtroom heard the voice of a Chief Justice . _ Chief Justice of the Wisconsin Supreme Court, Shirley S. Abrahamson lectured to a courtroom crowded with faculty, alumni and students for the 18th annual Nathaniel Nathanson Memorial Lecture series on April 15.

_ The lecture series has previously featured U.S. Supreme_Court Justices Antonin Scalia, Sandra Day O'Connor, and Harry S. Blackmun. Justice Abrahamson's lecture, " Federalism: Let 50 Flowers Bloom" discussed the changing role of the federal government in American life, and its effect on the nation's 50 state governments.

and able to take power," said the fjrst woman to serve on Wisconsin's highest court.

She said the "states want cooperative federalism." In the sharing of power between the states and federal govenrment, state governments want to meet national goals, but not exist as mere as extension of the federal government, she said.

New York Police Officer. According to her the most common form of crime on college campuses nationwide is theft. In the majority of these thefts the criminal is affiliated with the college in some way, she said. That means that the criminals are more likely to be students, faculty, or staff than "outsiders" from off campus. Sampson said the trusting and open nature of our campus can cause a sense of false security. Many of the students at the law school leave their belongings alone for short periods of time while they search for research materials. This is the time that the criminals strike, Sampson said They grab the exposed laptop or wallet and disappear in seconds flat.

One of the two laptops stolen from the LRC this year was later recovered by its owner, but such happy endings · can't be expected. In 1997 3

O'Deane recommended not only cable locks for laptops but open eyes. The Department of Public Safety recommends that students report any suspicious people or

Abrahamson spoke on the changing role of the Federal government since the days of Chief Justice Warren Burger's leadership of the Supreme Court, and she welcomed the opportunity given to state governments and courts to actively recover the larger role _they formerly had in American civic life.

The justice emphasized the role of recent U.S. Supreme Court decisions in reviving the constitutional limits on federal power in favor of state sovereignty.

Chief Justice Abrahamson

Abrahamson, who is a member of the Council of the American Law Institute, stated that there was no "clear and consistent pattern" that federal power was devolving to the states, since Congress has recently federalized areas of law that have traditionally been the dominion of the states. -

Watch ·your stuff! activities. According to Fitting, any recommendations that would improve security at the LRC will be considered. If we look out for each other and keep our eyes open criminals cannot function.

Justice Abrahamson, who has been a justice for the state's supreme court since 1976, cited Wisconsin's pioneering role in welfare reform and California's innovations in air-pollution control as pies that the states could be laboratories for innovative solutions to public problems.

, "Federalism is a code word for natio nal policies, not a principled position ... the states have shown themselves ready

The Justice said that ' although there may be some setbacks ' in the devolution of federal power, the years since the Burger court have been by a strengthening of the states judiciary systems.

Abrahamson said that the Justice Burger's concern of an increasing workload on the federal docket "urged that the judicial burden be distributed between the federal ·and state courts" to lessen the ·burden.

"Burger argued that state judges were competent to

Continued pg. 15

A common sight at the . LRC

Fo/fowd · t irections . he C<l/f Of th time allaca r e question anyoth io n

Organ ize by usually t. ue iss 0 11owing th Write legiubels as they OCc e Ofder of the y: urm the Use on/y on question

Skip eve e side of the make ry other fine ., Page

Ski sure first needed Comm p Imes betw Page of each uusn1cate issu es answer is neat e short · use short sentences

Undertine rearagraPhs

Use th rcJ Y terms or keep t Person issues one imperson at, Professional

'tip$ : Studying for and Taking the final 'Sxam.

Expect a certain amount of tension . The feeling is normal , and it can motivate you Cope with your tension through exercise and relaxation tech niques .

Avoid last minute cramming. Avoid all-nighters that disrupt your regular sleep patterns

Think of the coming exam as the final , "application" step of your study process instead of as a threatening ne w experience Know the times of your exams and plan your sleep schedule so you will be at yo ur most alert. Arrive early , but not too early. Have a plan of attack

1)e ns in essaY sty\e. . ductorY paragraP

Write intro . bY the tacts. not raised OiscuSS \aW tAake iokes ourse\t. \dent11Y Y use first person.

109i%e· Whine or apO

Be aggressive Approach studying, and the test itself vigorously determined to do your best with the information you know. Think of yourself as a star athlete before a big event. Keep yourself in good health through adequate rest and diet. East something sensible before the exam; yo u can probably hold down a bowl of cereal even if you are very ten se. Be cautious of over-dependence on caffeine •or other chemical aids to study or sleep.

Relax yourself during the test if you notice you,are not thinking we ll or are very tense: pause, lay the test aside, and take several slow, deep breaths

Ignore your classmates. If you tend to be distracted, buy and practice using ear plugs

Beware of post mortem. You may only succeed•in raising your anxiety level still further

'l'ip$ on 'l'aking Multiple 'Sxam.$1

Before the Test

Practice ! You can obtain multistate-type questions in the LRC reference room or from Janet Madden ; or you can buy commerc ial sets of multiple ch oice questions . Build multiple cho ce practice into your study schedule

Take practice tests under timed conditions Score your test carefully and review the correct answers : did you because you didn't know the law, or because you didn I understand the questions and fe ll into a trap? Perhaps xou often choose the "second besr answer, one that is bu.I not as good as, the best answer. Work hard at diagnosing your problem Re-take the test.

During the Test

•Allocate time carefully before you start. Stick to·your schedule.

• Work syste matica lly Answer questions in sequence, and answer all questions ; put a mark in th e margin next to questions you want to come back to.

• Read the question carefully Don 't rush to pick an answer. This type of test tes ts your grasp of details : one word can make a difference. Try diagramming complex fact patterns

• Guess after eliminating answers that are obviously incorrect. Beware of absolutes such as "must," "always," "never."

By Xan Bernay

Final exams - perhaps no two words in the Engli sh language illicilt more fear in the he a rt s of law stude nts.

But it d oes n't have to be that way, said Ja net Madden , director of the Academic Support Program. With proper preparatio n, a bit of know-how and a plenty of sleep, doing well on exams is well within most students ' reach Ideally, Madden said , st ud ents have been keeping up with th e reading, taki ng carefu l notes in class and reviewing the material often. However, even for th ose students who may have slacked off there is "s till hope"

Madd en sa id

"Have a plan for eac h class ," she said . This may mean co mp rehensive o utl ines fo r some classes , flowcharts for others , but either way a plan is essential.

"It's not like you need a magic outl ine ," Madden said "The process is what's important."

Madden recommends students get together to compare notes and fill in gaps. However, she recommends against splitting up outline duties between groups "It's a mistake to delegate ." she said. If one student prepares an outline for torts and another for civil procedure both stud ents wind up losing out. Another mistake students make is think ng that studying with the smartest person in class will boost thei r average.

"It leads the others to be more passive ." she said . "Find someone on your own leve l to go over the material with."

Another often neglected study resource is professors. Madden said talking to professors often provides cl ues as to what they think is mportant. "If you watch the

behavio r of successfu studen ts you see they tallk to the profess ors."

Commercial outl in es and other study ai ds shou ld be used judicious ly, Madden said. She recommended talk ing to uppe r class studen ts and only us ing the co mmerci al products to fill in gaps if at al l.

As far as taking the exams themselves, Madden said it is critica l to read and re-read the quest on . "Read it at least th ree times and plan ca refully then when you start w ri ting it is almost automatic," she said

Madden said another pitfall for students is not inco rporating the fac ts into their answers She said often the difference between an A and a C answer is not that the C student didn 't state the aw correctly, but that they didn't tie the law to the facts.

California Supreme Court Justice to Address Graduates

By Win Anderson California Supreme Court

Justice Ming W. Chin will - be the commencement speaker at graduation ceremonies for the USD JD and LLM class of 1998. Chin has been called "the best appointment in the la'St decade:' He has presided over several of the most controversial cases in California in recent years, including issues · such as surrogate parenting, asbestos, and the death penalty.

The graduation ceremony and commencement address is scheduled for Saturday, May 23, at 10:30 am in the USD Stadium. ·There is no charge for admission, and the ceremony is open to the public. ·

Chin is a 1967 Graduate of the University of San Francisco. Before taking the bench, Chin worked in the Alameda County DA's office, and then at the firm of Aiken,

Kramer & Cummings. Chin was appointed to the California Supreme Court by Governor Wilson in 1996. Chin's judicial philosophy has been described as "clearly one of restraint." "I don't think we're here to make new laws," Chin said. "We're here to give the public and attorneys guidance on how to proceed on a particular piece of litigation. We can put up signposts along the path to keep them on the path, but I don't think we're here to create a whole new freeJustice Chin way. I think , that's up to the Legislature."

A notable supporter of the GOP, Chin also cites as one of his fondest experiences being able to hear Martin Luther King Jr. speak at the 1964 Democratic convention. Chin says King and Indian

philosopher Mahatma Gandhi are two heroes who have had an impact on Chin's life and career.

Chin has served as Judge of Alameda Superior Court (1988-1990) and Associate Justice for the · California Court of Appeals, 1st District (1994-1995) before becoming Presiding Justice of that court. Chin is also a decorated Vietnam Veteran.

Growing up on a potato farm operated by his parents in Klamath Falls in southern Oregon, Chin is the youngest of eight children. His family emigrated to the US from Canton, China. In an application tot the bench in 1989, -Chin wrote "I am very proud to have opened some doors for others -of my ancestry, but I will be most proud when it is no longer unusual for minorities to hold the kinds of positions in which I have had the privilege to serve.

Chin will be addressing

Professor Heriot Named Civil Rights Counsel for Senate Judiciary Committee

By Harry Kasakhian

Professor Gail Heriot

-accepted a position as Civil Right Counsel to the United States' Sentate Judiciary Committee and will return to USD School of Law next year.

Heriot said that Sen. Ofrin Hatch (R-Utah) asked that she go to Washington and work for the committee.

Civil rights counsel advises committee members on judicial appointments, oversees the Department of Justice's Civil Rights Division, and conuslts members about legislation, Heriot said.

"I will be advising Sen. Hatch on the positions taken by the nominee on various issues," said He riot, who was formerly legal affairs counsel to

Chin will be addressing 287 students receiving their JD, and approximately 52 receiving LLM's. ·

287 students receiving their JD, and approximately 52 receiving LLM's.

Chin is the next in a series of notable speakers at past USD Law commencement ceremonies, including US Court of Appeals 9th District Senior Justice Dorothy W. Nelson, NAACP Legal Defense Fund Director Elaine Ruth Jones, and consumer advocate Ralph Nader.

Congratulations competitors and winners

John M. Winters

Moot Court Competition

First Place

Stacey Amodio

Second Place

the American Civil Rights Institute. The institute drafted California's Proposition 209, which eliminated state affirmative action programs.

Heriot, who had was invited to Washington suddenly, said she received a telephone call from the committee's former civil rights counsel, Brian Jones. She said she was the last to know that she had been selected for the job. Her acquaintances in the Beltway claimed to have known of her hiring far in advance, she said.

The professor said that Senator Hatch's invitation to Washington for an interview took her by complete surprise.

"I was already scheduled to attend a dinner for Margaret Thatcher in Los Angeles,"

Heriot said. When she heard of the Senator's invitation for an interview she said she ran through LAX airport, in long white gloves and a purple velvet dress.

Nevertheless Heriot, a former clerk to the Illinois Supreme Court, had previously worked with both the Senate and House's Judiciary Committees. She said she testified in front of both commitees /on appointments on issues of constitutionality, federalism, property rights and the issue of judicial activism. -

"Congress isn't a romantic place for me," said Heriot, who's mother was a congressional aide for several decades.

David LaSpaluto

Third Place

John Jurata,

Fourth Place

Xan Bernay

Competitors

Stacy Amodio

Xan Bernay

Robert Carichoff

Mike Dowling

Michael Faircloth

Amy Husberger

John Jurata

David LaSpaluto

Matt Mahoney , Angela McCain

Stephanie Pritchett

Amanda Sandifer

Cari Schmidt

Mark Skeels

Mike Vacchi

most quickly. One and personality fit. that goes to your target audi-

is to go to local ·bar association

If you 'insist on taking an ence, like your local or state meetings, make a point of intro- ba r journal or even a newspaducing yourse lf to people , and initial step that doesn't involve pe r. In your ad , don't just tell everyone whose ear you talking with people , there are a state what you're looking for; can bend exactly what it is that couple of fertile resources you emphasize your willingness and you want. Make a special effort can use. One is to let your fin- desire to work hard. to meet the head of the litiga- gers do the walking - check the No matter which route tio_n section of your local bar, yellow pages! Look up the since it's trial work that you names of sole practitioners who you choose, NR, remember the The Job Goddess column is a weekly feature want to do. Along the same are litigators (the yellow pages nature of your quarry. When a of the National Law journal Extra, and is writ- lines, go to the local court- will mention their specialties), so le practitioner hires someone ten by Kimm Alayne Walton, author of the national best seller "Guerilla Tactics For house whenever you can, tak-

on , the relationship resembles Gening The Legal J ob Of Your Dreams." ing a morning or afternoon off a marriage more than a tradi- (Harcourt Brace $24.95, 1-800-787-8717.) View recent columns or e-ma il the Job work, if need be. Introduce discouraged if tional partner-associate conGoddess with your job search questions on yourself to the court clerk, nection.The personal relation- the internet at gilbertlaw com The Job Goddess column is reprinted with permission, bailiffs, judges, and tell them you

sh ip you develop is of paraand is sponsored by BAR/BRI Bar Review what you're looking for. After all, mount importance. So be sure

How Do I Get My

Own Law Firm

Without Starting

they're going to know every trial one employer to look for someone who is on attorney, and will certainly be your wavelength, and don't be

able to identify the ones who don't

''click"

discouraged if you and any one

are golf course bound. On top lawyer don't "click" - if you do of that, they'll be a great source and then look them up in as the Job Goddess advises,

for weeding out the good eggs Martindale-Hubbell. (You can there will be plenty of fish in from the bad ones, since find Mar-Hub on-line, at your ocean.Dear Job Goddess, they've seen local trial lawyers http://lawyers.martindale.com/m operate first hand! arhub) Look at their graduation Eternally yours, The Job I am currently clerking at dates, and when you find ones Goddess a large personal injury firm in With either of these that are about thi,:ty years ago, Washington, DC. I want to be a direct methods, NR, be sure you've got a potential target

My Own Law Firm?

trial lawyer, but if I start my that you impress every person _ audience for your letters. The

career here, I will just be shut- you meet, even though they will Job Goddess would tell you . fling hundreds of workerrs comp not be your ultimate employer. what to say in those letters,

files. I don't really want to hang Smile. Seem enthusiastic. NR, except that this simple col-

out my own shingle. Instead, Stress your willingness to work umn would become fifty pages I've been thinking that I would hard in return for soaking up long. Instead, she encourages

If A Law Firm

Promises To Call

Me Back And Never

Does - Should I

Make The Call?

like to find a job with a senior knowledge from an experi- you to borrow - or, dare she lawyer who wants to slowly enced lawyer. Your first impres- suggest it, buy -a copy of her Dear Job Goddess, wind down his or her practice, sion on the people you meet runaway bestseller, "Guerrilla and wants will have a dramatic effect on Tactics For Getting The Legal

A few months ago, I to handle big cases but is look- their willingness to help you - Job Of Your Dreams," and read interviewed with a law firm. It ing for a "mentee" to try the and what they 'll tell the senior the chapter entitled went really well, and the attor- smaller cases. lawyers they know!

"Correspondence - Making Your ney I interviewed with told me

What do you think is the best Letters Sing." that she would really try to get way to accomplish this seem- A somewhat less direct me on board with the firm, hop- ingly impossible route, but one not to be over- You might also consider ing she could convince the task? I feel like I am trying to looked, is to go to the career getting on-line. You can go to a powers that be that I should be locate a needle in a haystack. services office at your law chat room or enroll in a list hired. Shortly thereafter, the school, talk to the director, and serve for your state and/or local firm held a partners' meeting DH, Maryland explain your goal. Most law stu- bar more and more where I was on the agenda. I dents do not appreciate what a state bar associations have haven't heard anything since Dear DH, gold mine of information their such facilities, and the Job that time. Even though it's been Impossible? Needles? career services directors really Goddess knows of enterprising a few months, I haven't gotten Haystacks? Why, this is exactly are - they do so much more students who have gone to an offer from anybody else. the kind of quagmire in which than organize on-campus inter- these -chat rooms and list Should I call the firm again and the Job Goddess loves to wal- views! So it may be that you serves, waited for an opportune express my interest? After all , low. Your goal is actually very need go no further than your moment, and pitched their ser- it's been months and I haven't much easier to attain than you own law school. Or your own vices to the members - with heard from them. And I con- think, DH. And on top of that, law firm, for that matter - if you glorious results. To find out the fess , I've been too chicken to the Job Goddess applauds don't mind the pe·ople you work web addresses for these call; I did try once, but nobody you for seeking a job which is with knowing that you're looking resources, call the relevant bar ever called me back. Should I likely to bring you a great deal elsewhere, tell your colleagues association. try again? of happiness. about your goal. The benefit here is that because the You may even want to SE, Illinois

There are several meth- lawyers at your firm are familiar consider doing a reverse job ods for finding the retiring with your work and know what ad. That is, run an ad looking Dear SE, lawyers you seek. it's like to work with you, they'll for a practice. What you'll want In a word - yes. The Job There are two direct routes · tend to think of people for to do is to put an ad in the claswhich are likely to bear fruit whom you'd be a good work sifieds section of a publication

Continued next page

Don't be

and any

Goddess realizes this seems offhand, like telling you to put on a hamburger bathing suit and jump into: a shark tank, but - it isn't that way at all. To understand why, you've got to appreciate all of tne perfectly understandable, not:-rejecting-you reasons why you might not have received a call. As Susan . Richey, career-services director at Franklin Pierce Law Center (and an attorney before fhat), points "Not receiving a call doesn't mean anything! It certail')ly doesn't mean they hated you. For instance, they may be waiting for the business they need to support your salary. When I was starting out, a law firm once told me, 'We're counting on a huge piece of litigation, and if we get it, we'll need you :' There are many firms in thaf position, but often they won't tell you what's going on."

On the other hand, of course, you don't want to be a pest. Susan Richey says that in orde r to walk the fine line between showing enthusiasm and being a bother, "If they · haven't given you a date when they said they'll contact you, wait until two weeks after your interview, and then call ahd say, 'I really enjoyed myself there , and wanted to check on the status of my application.' Most good recruiting coordinators will give you a date when you can call back, but if they don't, ask if you'll be a bother if you call back."

If the law firm you're interviewing with is too small for a recruiting coordinat9r, it

could well be that the lawyers there have simply been too busy to give your situation the attention it deserves. When you - call the firmand speak to the hiring partner's secretar}', yqu coutd well speaking to · ..· somebody who is up to her in alligators. U she doesn't give you an ·

your cause. Again, couch your request in terms of how much you liked the firm and how you;d li.ke to make a contribu;. tion; now is not the time to say, "Honestly, I wouldn't care so much except that I haven't found anything else and I'm getting desperate:"

Congratulations! · to the following people for their selection to the Volume 36 Law Review Editorial Board

Editor-in-Chief

Ketry Wallis

Executive Editors

· answer, or says something like "I don't know where your application is," Susan Richey advises you to ask if it would be a problem if you called back in a week's time. If a week's not okay, the secretary is likely to give you a date that is.

As your situation illustrates, SE, it 's important to keep the ball in your court whenever possible . That is, keep the calling privilege for yourself. As Sue Richey advises, ''. Instead of just leaving a voice mail message for them to call you back, say that you'll try back in a week, and leave them your number in case they want to call you in the meantime. "

If time drags on and there is still no decision, think , about contac!ing the person with whom you got along the best to see what else if anything - you can do to further

What is the downside risk of this entire approach, SE? There isn't one. As Susan Richey points out, "If they're going to reject you, they won't. reject you any harder because you followed up." As the Job Goddess stressed at the outset, there .are many reasons why you might not receive an offer that have nothing to do with- whether they liked you or not. And even if their reasons did involve you, remember that it's only their impression of you, how you did in 'ii single interview, and whatever you showed them of your credentials in the form of resumes, cover letters, writing samples, and the like. They didn't reject you , the flesh-and-blood person, SE - and no employer ever has that power unless you give it to them. The Job Goddess trusts that you won't.

Eternally yours, The Job Goddess

-Matthew Buttacavoli

John Lowther

Bruce Marley

Rebecca Robinson

Lead Editors

Jack Balderson

.. ' Joseph Chandler

Danielle Everett

Greg Giraudi

Frank Marchetti

Executive Comments Editor

Erin Bosman

Comments Editors

Simran Baidwan

Jeffrey Carrol

Dina Davalle

Debbie Kirkpatrick

John Melton

Vivian Quon

Research Editor

Robert Hicks

,Associate Editors

David Cramer

Martha Gandy

Needed!

Study Group Leaders

Academic ·Support Program

Study group leaders are assigned for each first-year course. The study group leaders · attend every class. They lead a one-hour study group each week during which they review the week's work, discuss hypotheticals and test questions, and help the students develop study tools such as flow charts and outlines. ·: They write, administer, and grade practice exams during the semester. They also meet regularly withthe course profes'sor ,and with the , Director of the Academic Support' Program.

THE HONORABLE NORBERT EHRENFREUND

Judge of the Superior Court

FRIDAY, APRIL 24 1998 -Noon

Radisson Hotel 1646 Front Street @ Cedar For Info Call: 291-4835

Applicants should submit the following to Janet Madden in Room 130: 1) cover letter discussing your qualifications for the position and reasons for wanting · to be a study group leader 2) transcript 3) application (available from room 130). You also need to set up an interview with Janet Madden. Final hiring decisions will not be announced until late summer.

.If they_are going to reject you, · they won't reject you any harder because you followed up

By Ray Estolano

The idea strikes

It was a beautiful spring day in San Diego, with the mischievious El Nino nowhere in sight. My best friend Lili and I were having lunch at our favorite taco bell, where I was patiently explaining my well thought out plans for world peace, school improvement and culinary arts to a very captive audience ...

· "And another thing, I don't understand why the school make& us sign up to take Tax 1! My gqd, I don't even plan on paying taxes!! And ' why do I actually have to spend time looking for a job- let the employers come to me!! Why if I was president. Lili just looked at me with that kind of skeptical disbelief that only ex-girlfriends of mine can truly manage ("I actually dated this guy?").

Finally, she interrupted me. "Ray, I didn't drive down from LA to hear you complain about your school. If you care so much, just run for president and change things yourself. Since I don't really care, don't bother me with the details. Now, as to our plans for today "

I believe that she continued talking after this, but I couldn't hear her anymore. All that I could focus on was the new thought that she'd given me. Boy, I felt as if the clouds had parted and finally let some sunshine come into my head. Why don't I just run for presi-dent of USO? Instead of com -

Leave it to the Saint! The Saint's ''Crusade'' ' for President

plaining I could actually do something. My god, what a revolutionary thought. I was so taken by the idea that I jumped to my feet and declared. "I will be president. I will bring the first ever job fair to USO!" For some reason, the rest of the patrons just stared at me. I believe this was the last time I saw Lili ...

The Knights of Job Opportunities

After declaring my candidacy, I began to wonder if a single man like myself could actually accomplish everything that I wanted to do. By myself, could I really hope to get career services to eliminate the $50 fee th,at they currently charge to come on campus?

As I often do when confused, I fell asleep. In my dream, my old boxing coach appeared to me and gave me words to guide me.

"Do you think I can win, coach?" I said as I stumbled back ·into my corner of the boxing ring. Once again, I was dreaming of my last fight- the one that I'd lost.

"Damn it Ray! You were awful out there! At this point the only way you win is if you get an army to help you:·

An army to help me He was right, it would take an army to take on career services, the administration, etc Guided by his wisdom, I assembled the brave knights of Job Opportunities: John

"Excalibur'' Oh, Bob "Lancelot" McPhail, Gary "Machine Gun"

Boatwright, Dianne "Magic" McCloskey, Krissy "The Killer'' Schuler-Hintz, and Tom "Better Late than Never'' Vivian. Now, there was an army

The Battle

We marched into the election on white horses , carrying banners that proclaimed that we wouldn't settle for less than a collating copier in the library. Soon, we met our worthy opponents. Battling against me were no than seven opponents. Foremost among them was Brave Bill-a human whirlwind of campaigning in a sharp suit. However, the other candidates seemed just as fierce- including a fellow idealist with a vicious Pit Bull who put the bite behind his ideas, a fearless crusader against drunk driving, another advocate of the job fair, and a man who had an unlimited supply of hot dogs and spaghetti and wasn't afraid to use them. The other knights on my team faced similarly tough opponents.

The battle began. It was a bully fight! Almost instantly, our banner of job opportunity was soiled by accusations of foul play. Before we had so much as talked to a single class, one of the candidates for president called the other candidates to -report that our team was slandering them "I have 6 witnesses that will swear under penalty of death that they saw you rip down my fliers," said one candidate, voice shakingwith fury. "Who?" I had asked. There were other accusations leveled at our team, mostly told to us by Richard Ormond, but again witnesses would never come forward. Maybe they were intimidated by my macho image... ·

In any case, we did our best to ignore the accusations and to focus on our crusade. By golly, thi.s wasn't about us- it was about a JOB FAIR- we told ourselves as we passed out cookies, barbequed in the rain, made speeches and did whatever else we could think of to get our message out. In the, end it almost worked- most of us made it to the run off election.

Final Election Results

, I had another dream before the elections. Once again I was i11 a boxing ring. I looked to my coach for direction, but he wasn't the re. There was no one around, but my opponent. I was alone in the ring with Brave Bi ll - my opponent fo r pres ident. I rubbed my eyes- this couldn't be happening. Bill was brave, bu t he was also smaller than me. What would he be doing in a boxing ring with me?

As it turned ou t, the result of the dream was close to t he result in real life ! In other words , I was pounded. I think the time has come for me to qu it having these boxing dreams

Anyway, I wish you the best of luck Bill. I'd also like to wish luck to the only pro-JOB , FAIR candidate elected- my friend treasurer Cheryl Ya rborough Give them hell , Cheryl!

Congratulations!

to the following people for their selection to the 1998-99 Appellate Moot Court Board Chair

Brittany Oates

Vice-Chair

Matt Bennett Tournament Coordinators

Robert Bradley

Peter Hurm

Lisa Koven

Luci Montgomery

Amelia Newton

National Team

John Cu

John DerOhanesian

· Jason Femrite

James Gergerich

Lucinda Jacobs

Claire Jung

Bill Ota

Joanna Owe n

Charles Rag land

Movie' Reviews: We Know Your Time is Tight ...·That's why we _ are Going to the Moyi'es FOR you!

By Mike O'Connor Scale:

93<------> 70

91 = pay to see it now, 87= at least a matinee or discount rate possibility, 83= sneak into it, 79= wait and rent it, 75= wait for cable, 71 = forget about it.

Twilight

This movie moved about as fast as James Garner can probably run. Starring Paul Newman, Susan Sarandon, Gene Hackman and James Garner this story about an excop who turns detective, then retires only to do work and live with his buddy (gene Hackman) leaves me wondering why I ever saw it. Too bad ·this was the only movie playing between classes on the day I was at the theater.

Newman's character is in love with Hackman's wife (Sarandon) and works for both of them to keep their marriage intact while Hackman is dying of cancer. Through a little blackmail, some murder, and an affair, the story runs its course to find Newman telling the story of this tangled web of deceit. The plot is boring, the way the movie is shot isn't very effective, and there is no climax whatsoever. You keep waiting for the good part of the movie to start but it never does ... probably don't even want to rent this one -72.

Wild Things

Starring Matt Dillon, Neve Campbell, Kevin Bacon, Denise Richards & Bill Murray. Notwithstanding the excellent advertising scheme developed by the Wild Things camp, this movie actually turned out to be pretty decent. With more plot twists than Scream I and 11 put together, and a Pulp Fictionstyle wrap up, this film will at the very least keep you interested.

Matt Dillon plays a young teacher, Sam Lombardo, in ·an upscale town near the Florida everglades.

Unfortunately for Sam, he doesn't have enough money to impress the local high society townsfolk, so he relies on his

looks to attract the ladies and hopefully someday retire in style. Sam runs into trouble when Kelly (Denise Richards), the high school hottie and local rich girl, and Christie (played by Neve), the local basket case genius with a drug problem and troubled past, both wind up pressing certain criminal charges against him in court.

From the lawsuit on, this film provides a supercharged · thriller that keeps the audience wondering what will happen next. On the sexual side of things, Dillon, Campbell and Richards first experiment as a threesome, only to break off so Campbell and Richards (who spend much of the movie with some article of clothing missing) Gan try things on their own. And, for all the ladies, Kevin Bacon gives you that full frontal show that you've all been waiting for, which he reportedly likes to talk about on all the tv talk shows.

Overall, the film provides almost non-stop action and plot twists, and is actually pretty entertaining. I give it an 88, anyone interested in a suspenseful action-thriller with some skin and a great cast should check it out.

Dangerous Beauty

Starring .Catherine McCormack and set in 16th century Venice, Italy, this flic is based on a true story. McCormack (Mel's wife in Braveheart) plays Veronica Franco, a woman torn between loving a man she can't marry and accepting the role of a · - courtesan (high priced mistress to the nobles of Venice) in order to provide for her family and actually have a future life.

Basically, Veronica's love of poetry and reading coupled with surrounding circumstances inspire her to take her future into her own hands and transform herself into the premiere courtesan in Venice. She initially approaches this crossroads when the man she loves tells her he can't marry her because she is of a different caste than he is. The rest of the movie results in the two

trading smart-ass remarks, glances and harsh words as they battle through whether they can stand seeing each other be unhappy- he with his arranged marriage, aQd she as a high priced mistress.

The movie does justice to the daily activities, scenery and poetry of the time, but bogs down in its depiction of warring relations, the black plague and the Inquisition. This movie could've easily been a lot shorter, particularly by doing away with the last third of the movie. However, the first twothirds of the movie was actually quite good.

Quite a few members of the female audience went through some tissues during this one, but this movie didn't quite do it overall. If you'd be " into a sort of romantic tragedy that actually results in a happy, yet drawn out ending, then this is the movie for you. Otherwise, and especially if your not female, you probably want to skip this one. I give it an 84, after all I snuck into it too.

The Man in the Iron Mask

This film featured the likes of John Malkovich, Jeremy Irons, Gerard DePardieu and Leonardo DiCaprio. And, despite my stance upon initially entering the theater, this movie actually turned out to be one of the best movies I've seen in a while. This probably has something to do with the fact that anything Malkovich is in is usually worth the price of a movie ticket. Nonetheless, this expansion on the Musketeers legendprotecting the king(dom) of France, is very WE311 played out. There is lots of drama, action and plenty of great ading. Leonardo even actually shows a little passion in this one- perhaps taking some cues from his surrounding cast. _ If you like old-time settings, or stories that revolve mainly around relationships, loss, and loyalty, then you'll like _ this movie. Even on a pure, non-thinking, entertainment-value level, this movie scores -89.

City gt Angels

Starring Nicholas Cage and Meg Ryan.

· Put it this way, the movie has little more to offer thao what you've seen in its overhyped previews. Despite my usual dislike for Meg Ryan, I thought she was actually decent in this movie. Nicholas _ Cage, on the other hand, who is usually a great actor, seemed a little out of place in this one. Granted, Cage's role as an angel in this movie is a difficult one to play. But, Cage struggles throughout the movie. Perhaps what's worst is that here isn't much action outside of Ryan's and Cage's relati9nship either.

Set in Los Angeles, with Ryan posing as a surgeon at a busy L.A. hospital, the movie has difficulty filing its couple hours with interesting material. While there is some good dialogue between Cage and his fellow angels about the regular folk and some interesting moments in Cage's experiences throughout the movie, overall it is pretty boring. Nonetheless, with its one liners and aim at sentim_ental irony, the movie still managed to leave some cheeks wet in ·the end.

I give it a 78.

Cal-Western plans new law library

Our cross-town compititor California Western School of Law has announced plans for a new $8 million law library scheduled to open in January 2000. The 50,000 square-foot .building will be located at the northwest corner of Cedar and Third across from the school's classroom buildings. The new library will be open to members of the legal community.

California Western, which was established in 1924 on Point Loma, has an enrollment of over 700 students and over 100 full-time faculty and staff.

Nathanson Lecture

Continued from pg. 7

hear cases under federal law," said Abrahamson, who was formerly a law professor at the University of Wisconsin School of Law.

Abrahamson said that Justice Burger's confidence in the judiciary systems of the states and his efforts to improve the quality of state courts and judges had help revitalize the state judiciaries .

The Nathaniel Nathanson lecture series is in honor of Prof. Nathanson ; who taught alternately at the University of San Diego ·School of Law and No r thwestern University School of Law until 1983. Prof. Nathanson's academic work was renowned in the areas of administrative law, constitutional law, civil liberties and human rights. Prot Nathanson was extremely prolific, having published five student com- · ments in tile Yale Law Journal, a total of 64 law review articles, and eight books. He served as a clerk under Supreme Court Justice Louise D. Brandeis.

The speech was followed by a reception on the first floor. of Warren Hall.

ATLA Intramural Mock Trial Competition Provides Forum for Future Litigators

By Gary Boatwright

Eight teams competed in USD's ATLA Mock Trial competition at the South Bay · Courthouse in Chula Vista on Saturday, March 28th. The first and second place teams competed in the final round on Sunday, March 29th, at USD's Grace Courtroom. Intramural mock trial is an opportunity for USO students to gain realistic litigation experience. The event was judged by experienced San Diego litigators who volunteered their time to judge and critique the performance of USO students interested -in perfecting their trial techniques. Each team was composed of four students who argued both sides of a case. In the first round, two students argued either the defense of the prosecution side of the case, and the other two students served as witnesses. In the second round, the teams switched sides, and the attorneys became witnesses, and the witnesses became attorneys. The fictitious criminal case involved charges. of cocaine trafficking and possession against a woman wh9

claimed she thought she was _ was our Host and Chief Judge buying diamonds instead of for the preliminary rounds on three kilos of cocaine. The Saturday. The South Bay defendant, her lover-friend, the Courthouse facilities and hospipolice informant, and, the tality were outstanding. We undercover detective served as offer a special word of apprecicolorful characters in this inter- ation to Kathleen Bailey, Jodi esting case. Henning, Angie De Luca, and Theresa Ferko, South Bay

The following eight teams par- administrative staff who came ticipated in the tournament: in on their day off to make sure everything ran smoothly. The Sean Fitting, Linda Kim, tournament was coordinated by Peter Kim and Diane Richard the ATLA Chapter Board Members: Gary Boatwright, Gregory Borunda, Brandy President; Greg Borunda.ViceBryant, Paul Suppa, and President; and Matt Guerrero, Lucinda Jacobs Secretary. The Board was assisted by L. Hillan, Esq., Clay E;Jiddle, Clint Crosser, Chapter Advisor.

Jessie LaBay, and Cynthia The competitors express Stoneberg their appreciation to the other tournament judges: Oliver

Matthew Guerrero, Barbara Cleary, Julius DeGuia, Nelson Kim, Dav id Leatherberry, and Goodin, Judith Hartwig, Denise Brian Weber Hickey, Lisa Hillan, Paul Junge, La rissa Kosits, Michelle Ed Burns, Deanna McDonald, Paradise, Benjamin Sanchez, Curtis Ross, and Diane Willis Anthony Solare, and Steven Weisenberg. We were delight-

Michael Lee, Jakrun Sodhi, ed that, following such an exdtAndrea Steinorth, and ing first round, virtually all of Michael Vasseghi the morning judges chose to stay through the afternoon to Robert Bradley, Bob Chen, judge another round.

Jennifer and The plan for next years James Kuykendall competition is to open the ATLA Mock Trial Competition to Bonnie Benitez,_Anne Bickel, Thomas Jefferson and Cal Amanda Doerrer, and Mark Western. The ATLA board isStenson. excited about the opportunity to make this a city wide event. It

In the final round the will make the Mock Trial teams of Guerrero, Kim, Competition more competitive ·Leatherberry & Weber prose.,. and increase the educational cuted the case against Biddle, value for all participants. We Crosser, LaBay & Stoneberg in look forward to welcoming the the final round. Clay Biddle, USO law school class of 2000 Clint Crosser, Jessica LaBay, into next year's All San- Diego and Cynthia Stoneberg took ATLA Mock Trial Competition. first place. Presiding Judge All of the participants during the final round, Russell and judges received luncheon S. Babcock, remarked that both gift certificates to the elegant teams were better than 85% of Mr. A's restaurant. The ATLA th.e attorneys he sees in prac- chapter offers its condolences tice. Professor Theresa Player, to the family and many friends the other final round judge, of Mr. Thomas Alessio, founder expressed surprise ·that the and proprietor of Mr. A's competitors were all second restaurant, following Mr. year students, only one of Alessio's passing on March 26. whom had even finished As a prominent member of the Lawyering Skills 11. All of the San Diego business communiteams distinguished them- ty, Mr. Alessio was a strong selves amidst keen competi- supporter of the San Diego tion. community. He will be greatly Judge Ernest Borunda missed.

F

Be Prepared and Pass Your Final